S T A T E O F N E W Y O R K
________________________________________________________________________
6906
2019-2020 Regular Sessions
I N A S S E M B L Y
March 25, 2019
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Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Aging
AN ACT to amend the elder law, in relation to authorizing private pay
protocols for programs administered by the office for the aging
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 203 of the elder law is amended by adding a new
subdivision 12 to read as follows:
12. THE DIRECTOR IS HEREBY AUTHORIZED TO IMPLEMENT PRIVATE PAY PROTO-
COLS FOR ALL PROGRAMS ADMINISTERED BY THE OFFICE. SUCH PROTOCOLS MAY BE
IMPLEMENTED BY AREA AGENCIES ON AGING AT SUCH AGENCIES' OPTION AND SUCH
PROTOCOLS MAY NOT BE APPLIED TO CLIENTS WHOSE SERVICES ARE PAID FOR WITH
FEDERAL FUNDS OR FUNDS DESIGNATED AS FEDERAL MATCH. ALL PRIVATE PAYMENTS
RECEIVED DIRECTLY BY AN AREA AGENCY ON AGING, OR INDIRECTLY BY ONE OF
ITS CONTRACTORS SHALL BE USED TO SUPPLEMENT, NOT SUPPLANT, FUNDS BY
STATE, FEDERAL, OR COUNTY APPROPRIATIONS. PRIVATE PAY PAYMENTS RECEIVED
UNDER THIS SUBDIVISION SHALL BE USED BY THE AREA AGENCY ON AGING TO
SUPPORT AND/OR ENHANCE SERVICES AND/OR PROGRAMS PROVIDED BY THE AREA
AGENCY ON AGING. PARTICIPANT PAYMENTS UNDER THIS SUBDIVISION SHALL NOT
BE REQUIRED OF INDIVIDUALS WITH INCOMES BELOW FOUR HUNDRED PERCENT OF
THE FEDERAL POVERTY LEVEL. NO PARTICIPANT, REGARDLESS OF INCOME, SHALL
BE REQUIRED TO PAY FOR ANY SERVICE THAT THEY ARE RECEIVING AT THE TIME
THESE PROTOCOLS ARE IMPLEMENTED BY THE AREA AGENCY ON AGING. THIS SUBDI-
VISION SHALL NOT PREVENT COST SHARING FOR THE PROGRAMS ESTABLISHED
PURSUANT TO SECTION TWO HUNDRED FOURTEEN OF THIS TITLE FOR INDIVIDUALS
BELOW FOUR HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10817-01-9